President Recep Tayyip Erdoğan announced last week in a pro-Palestinian rally that they would declare Israel a “war criminal” to the world. Authorities are now exploring ways to bring crimes committed by Israel against Palestinian civilians before the International Criminal Court (ICC).
Türkiye is not a party to the Rome Statute, the international treaty that paved the way for establishing the ICC. Thus, it cannot directly apply to the court. However, it can notify the Prosecutor’s office at the ICC through government agencies and nongovernmental organizations (NGOs) about crimes against humanity. Under the Rome Statute’s Article 15, the Prosecutor may initiate investigations proprio motu (on one's own initiative) based on information on crimes within the jurisdiction of the ICC. Therefore, Türkiye can issue notices about crimes committed by the Israeli government.
War crime evidence includes the use of white phosphorus bombs dropped by Israel on Palestinians, targeting of hospitals, schools, refugee camps, mosques and churches, as well as Israel’s rejection of the United Nations General Assembly’s resolution for a humanitarian cease-fire.
Justice Minister Yılmaz Tunç has said earlier that the U.N. resolution was an important statement proving Israel committed genocide and crimes against humanity. The resolution condemned “all acts of violence against Palestinian and Israeli civilians, including all acts of terror and indiscriminate attacks, as well as all acts of provocation, incitement and destruction.” It also demanded that “all parties immediately and fully comply with their obligations under international law.”
Emphasizing the need to protect civilians “in accordance with international humanitarian law and international human rights law,” it called for the “immediate and unconditional release of all civilians who are being illegally held captive.”
Tunç said in a social media post that the U.N. resolution was “soft law” but emphasized the legally binding nature of international law. “Such resolutions approved by a large majority have been admitted as evidence in the International Court of Justice proceedings in the past. When Israel is eventually brought to the court for massacres of children and civilians, the U.N. General Assembly resolution will be referred to and all high-ranking Israeli officials ordering the massacres and other individuals responsible will be punished for blatant intent to commit crimes,” he said.
ICC’s chief Prosecutor Karim Khan was at the Rafah crossing between Egypt and Gaza over the weekend and issued a stark warning to Israel, suggesting that obstructing the flow of humanitarian aid into Gaza could potentially be considered a criminal act. “Impeding relief supplies as provided by the Geneva Conventions may constitute a crime within the court’s jurisdiction,” Khan stated.
His words carry considerable weight, as the ICC is the only global independent tribunal responsible for investigating the most heinous of crimes, including genocide, war crimes and crimes against humanity.
The situation at the Rafah crossing, which serves as the primary conduit for international aid into the Hamas-controlled Gaza Strip, has grown increasingly dire.
Trucks filled with crucial humanitarian assistance have been immobilized, stranded in Egypt and unable to reach their intended destination. “I saw trucks full of goods, full of humanitarian assistance, stuck where nobody needs them, stuck in Egypt, stuck at Rafah,” Khan lamented. “These supplies must get to the civilians of Gaza without delay.”
Khan’s message was unambiguous. He directed his attention to Israel, emphasizing the need for immediate and discernible efforts to ensure that the civilians in Gaza receive basic necessities, such as food and medicines.
Furthermore, Khan expressed deep concern over the rise in reported incidents of attacks by settlers against Palestinian civilians in the West Bank, a territory occupied by Israel since 1967.
Khan concluded his remarks by stressing that hostage-taking constitutes a breach of the Geneva Conventions and called for the immediate release of all hostages taken from Israel.
He highlighted that both Israel and Hamas have clear obligations concerning the laws of conflict. “Israel has clear obligations about its war with Hamas, not just moral obligations but legal obligations,” Khan stated.
